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16 Sep 2020, 1:15 pm by Steve Brachmann
The Small Business Inventors argue that the disposition of the case will “have lasting impacts on their proprietary and legal interests” that are “distinct from the interests of the Original Plaintiffs, and of the Defendant. [read post]
16 Sep 2020, 12:19 pm by Ronald V. Miller, Jr.
The court announced that it was discarding the old Frye-Reed rule and formally adopting the Daubert test for the admissibility of expert testimony. [read post]
16 Sep 2020, 7:03 am by Sean Hayes
  Courts are liberal in the type of asset a plaintiff may attach. [read post]
15 Sep 2020, 6:35 pm by Earl Drott
After the accident, the truck driver was cited for speeding and administered a drug test, which showed that he had been under the influence of marijuana, amphetamines, and methamphetamine. [read post]
15 Sep 2020, 2:28 pm by Patricia Hughes
In my last Slaw post, I discussed Morgan J. [read post]
15 Sep 2020, 12:30 pm by Rebecca Tushnet
’” Unfairness under the UCL: Courts are divided on how to assess unfairness, but plaintiffs invoked the balancing test: it asks whether the alleged business practice “is immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers and requires the court to weigh the utility of the defendant’s conduct against the gravity of the harm to the alleged victim. [read post]
15 Sep 2020, 11:59 am by Anna Salvatore
The Times notes that the plaintiffs will likely ask the full Ninth Circuit to re-hear the case. [read post]
14 Sep 2020, 9:01 pm by Vikram David Amar
How is a court to know when such a sequence reflects a good-faith effort at legislative experimentation, or a cynical effort to circumvent a manipulable test? [read post]
14 Sep 2020, 3:33 pm by Eugene Volokh
Thus, consistent with the reasons set forth above, the Court will enter judgment in favor of Plaintiffs. [2.] [read post]
14 Sep 2020, 11:17 am by William Ford, Tia Sewell
Event Announcements (More details on the Events Calendar) Monday, September 14, 2020 at 2:00 p.m.: The Brookings Institution’s Center for Technology Innovation will host a webinar on how technology has changed the national conversation about police brutality and racial inequality. [read post]
14 Sep 2020, 6:13 am by New York Civil Law
Despite the diagnosis, the doctor and staff did not administer tPA until after waiting hours for the results of blood tests and an angiogram to confirm the diagnosis. [read post]
14 Sep 2020, 4:58 am by Mark Tabakman
  The crucial test is whether the bonus is discretionary, meaning it need not be included, or is “promised” to employees, meaning it does have to be included, thereby raising the regular rate. [read post]
14 Sep 2020, 12:11 am by JR Chaves
Ha recibido eco en las redes y mentideros jurídicos la reciente sentencia del Tribunal Europeo de Derechos Humanos (Asunto Saquetti Iglesias c.España) de 30 de junio de 2020 que declara que el Reino de España vulneró el Convenio de Derechos Humanos por no haber ofrecido una doble instancia jurisdiccional para enjuiciar la sanción administrativa impuesta. [read post]